8 May 2020 Bulletin

Sodium Nitrate

Sodium nitrate—also known as Chile saltpeter—is an organic nitrate salt. It is a naturally occurring mineral and its chemical symbol is NaN03. At room temperature, the compound exists as a white crystalline solid. Sodium nitrate is highly soluble in water and ammonia and is non-flammable. The compound is a strong oxidising agent. When heated to temperatures above 538°C, the compound explosively decomposes. In the 19th century, sodium nitrate was known as “white gold”. It has been categorised by the International Cancer Research Agency as likely to cause cancer to humans. [1]

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Russia grants further extension to chemicals notification deadline

Companies now have until 1 August to submit data to Russia’s national inventory of chemicals. The country’s Ministry of Industry and Trade (Minpromtorg) has officially extended the deadline due to the impact of the coronavirus Covid-19 pandemic. In a letter to industry dated 24 April, Minpromtorg said that the measure was taken to support an industry facing difficulties with remote working and changes to the supply chain. It is the second time the ministry has pushed back the deadline – earlier this year it was extended from the initial 1 January date to 1 May. The Eurasian Economic Union (EEU) member states – Armenia, Belarus, Kazakhstan, Kyrgyzstan and Russia – are all expected to create inventories as part of national registers of substances and mixtures. These will feed into the Eurasian technical regulation on the safety of chemical products – also known as TR EAEU 041/2017 and Eurasia-REACH. The Eurasian Economic Commission, the EEU’s executive arm, will eventually merge all data collected from member states into one common inventory for the entire region. Compilation of inventory data has started before the implementation of secondary legislation under the technical regulation. EEU members are yet to agree on three areas: · a list of chemicals that are restricted and banned; · a position on the grounds for refusing state registration of chemicals; and · rules for completing chemical safety reports. It is not known when talks will resume, but the technical regulation is expected to enter into force on 2 June next year. Under the regulation, companies will see a phased-in approach to registration according to the annual tonnage band. It is not clear if the proposed deadlines set by the draft second tier legislation for substances will also be extended. The earliest is for chemicals produced in the >1,000 tonnes per year band on 2 June 2021.

Household cleaning products, hand soaps and body soaps (COVID-19)

What we are doing
The COVID-19 pandemic has created an unprecedented demand for household cleaning products regulated under the Canada Consumer Product Safety Act (CCPSA) and hand soaps and body soaps regulated as cosmetics under the Food and Drugs Act (FDA). As an interim policy due to the COVID-19 pandemic, we’re facilitating the access and sale of certain consumer products and cosmetics in Canada where:
● the label may only be in one official language
● the label may be different from what is required for sale in Canada
Household cleaning products covered under the interim policy
Under the interim policy, Health Canada is facilitating access to certain household cleaning products that do not fully meet the following labelling requirements under the CCPSA:
● the label may only be in one official language
● the hazard symbol(s) is missing on the label
● safety and cautionary information on the label do not conform to the wording set out in the relevant regulations
However, the interim policy does not change the enforcement priority for all other regulatory requirements under the applicable Regulations that apply to household cleaners, such as:
● packaging requirements (for example, child-resistant and leak-proof)
● other labelling information, such as the need for instructions for safe use
The interim policy covers the following household cleaning products regulated under the CCPSA:
● cleaning and furnishing care products used mainly to clean, bleach or scour surfaces
○ products used to polish, protect or improve the appearance of surfaces are excluded
● laundry and dishwashing products used mainly to clean
○ fabric softeners or other products are excluded
Hand and body soaps covered under the interim policy
Under the interim policy, Health Canada is facilitating access to hand and body soaps, regulated as cosmetics under the FDA, that do not fully meet the following labelling requirements:
● the label may only be in one official language
● the ingredients listed on the label are not listed exactly as outlined in the regulations
However, the interim policy does not change the enforcement priority for all other regulatory requirements under the applicable Regulations that apply to cosmetics, such as:
● labelling for avoidable hazards
● prohibiting products that contain an ingredient that may cause injury
To note, hand and body soaps are still subject to the requirements under the FDA, specifically sections 16 to 18.
The interim policy covers hand and body soaps, regulated as cosmetics under the FDA, used mainly to clean the skin. It does not cover:
● products that have a Drug Identification Number (DIN) or Natural Product Number (NPN)
● other products where skin cleaning is not the main function
How to import under this interim policy
To import under this interim policy, importers are required to fill out a form and email it prior to import to hc.ccpsa-lcspc.sc@canada.ca.
Importers will also be expected to:
● provide to Health Canada and make available on their website the label text, with required safety information, as per the CCPSA or FDA, as appropriate, in both official languages, and any required hazard symbols
○ mock-up labels are not necessary
● distribute any products with bilingual or French-only labels to regions of Canada where the population mainly speaks and understands French
Note: Unless otherwise communicated by Health Canada, this interim policy will no longer be in effect 3 months after all provinces and territories have ended their states of emergency related to COVID-19.
Remember to continue to:
● record and report all side effects and incidents concerning the use of a product to Health Canada
● keep records on the source and the destination of your consumer products